Simple Battery is a First Degree Misdemeanor punishable by any combination of 1 year in jail, 1 year of probation, or a fine up to $1,000.

Misdemeanor battery can be committed in one of two ways, either:

Intentionally touching or striking another person against their will; or

Intentionally causing bodily harm to another person.

As you can see, a battery can occur from something minor, such as grabbing another person's arm; or a battery could also occur by throwing something at a person.

Importantly though, when it comes to touching or striking a person, there is no requirement that the person be injured - the un-consensual contact is sufficient.

Defenses to Battery

Their are two primary defenses to battery; self-defense and consent.

Self Defense: Also known as the justified use of force, is a defense to the crime of battery so long as you use non-deadly force to defend yourself against another person's unlawful attack.

Consent: Since an element of battery is that the contact be un-consensual, consent to the contact is an obvious defense. Other examples where consent would be applicable are athletic events.

Mutual Combat: While not sanctioned as a legal defense, mutual combat is a theory that can be argued to a jury as a sub-category of the defense of consent. Essentially, the theory goes, if two people mutually engage in a fight (usually a bar brawl) neither person should be able to complain of the ensuing contact.

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